Manufacturer (RoHS)

Under RoHS Directive 2011/65/EU Article 3(11), a manufacturer is any natural or legal person who manufactures EEE, or who has EEE designed or manufactured and markets that EEE under their own name or trademark. Manufacturers have the most comprehensive RoHS obligations under Article 7: design and manufacture EEE in accordance with Annex II restrictions; draw up required technical documentation; conduct the conformity assessment; draw up the Declaration of Conformity; affix CE marking; affix name, registered trademark, and address on the EEE; provide instructions and safety information; take corrective actions when EEE is non-compliant; and cooperate with market surveillance authorities.

Directive 2011/65/EU, Articles 3(11) and 7.

Manufacturers bear the primary compliance burden under EU RoHS. This includes both the companies that physically produce EEE and companies that have EEE produced under their own brand. Brand owners who do not physically manufacture — but market EEE under their name or trademark — are treated as manufacturers and bear all manufacturer obligations. This is particularly relevant for retailers with private-label EEE products, who cannot simply rely on the contract manufacturer’s compliance documentation.